Burglary, or Breaking and Entering in Utah

Defense of Burglary Charges

If you or someone you know has been arrested and charged with burglary, our experienced criminal defense lawyers can help. When providing a defense in serious cases like burglary charges, it is best if a lawyer can get involved in the case as early as possible. Like many criminal cases, burglary is a very fact-specific crime. This means that the specific type of crime charged — and the potential consequences — will depend on the specific facts that the prosecuting attorney believes can be proven. The earlier a defense lawyer gets involved in your case, to review the evidence against you and conduct an independent investigation, the better the chances of building a strong defense on your behalf.

Burglary in Utah

In Utah Burglary is defined by Utah Code 76-6-202.

(1) An actor is guilty of burglary who enters or remains unlawfully in a building or any portion of a building with intent to commit:

  • (a) a felony
  • (b) theft
  • (c) an assault on any person
  • (d) lewdness, a violation of Section 76-9-702
  • (e) sexual battery, a violation of Section 76-9-702.1
  • (f) lewdness involving a child, in violation of Section 76-9-702.5
  • (g) voyeurism under Section 76-9-702.7

(2) Burglary is a third-degree felony unless it was committed in a dwelling, in which event it is a second-degree felony.

(3) A violation of this section is a separate offense from any of the offenses listed in Subsection (1)(a) through (g), and which may be committed by the actor while in the building.

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